5. Negotiation Style Part 2

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2020年08月09日 06:11
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Negotiating Styles, Part 2
MAJOR TEAM STYLES
TEAMS MUST MAKE a conscious effort to maintaina unified front. This can be
accomplished through avariety of styles, with specific choices being
based on member talent, cultural background, and personality type. A
single stylecan be maintained throughout a single negotiation or turned
on and off when required. Though the preservation of unity is the main
concern when making a stylistic choice, that unity will flow from
member compatibility. When preparing strategy for negotiations, choose
the talent first and let those choices dictate the team’s eventual style. Also
keep in mind that while unity is paramount the appearanceof disunity can
be used to accomplish the team’s goal as well. Much of the effectiveness
of any style will be the impression created upon the opposition.
CONSENSUS
Consensus allows the team to disperse authority and responsibility.
The group sets policy and makes group is consulted on
issues both large and small. While a spokesperson may deliver the results
of group decisions, no clear leadership role is taken, and the spokesperson
may change, depending on the subject matter being discussed. The Chief
Negotiator acts solely as a moderator for internal group discussions and
may remain hidden at general discussions.
Such group scrutiny is a very time--consuming style, but it has the
virtue of being difficult to penetrate. Every decision made by the team
requires a form voting and may result in an inordinate number of session
breaks as theteam polls itself. Counterparts will find it difficult to pry apart
positions that appear seamless. Counterparts may also be worn down by
the slowness of the decision-making process and grant concessions simply
to keepthings moving.
The strengths of consensus-style negotiating are also its weaknesses.
No matter how well armored an object is, slow movement invites
outmaneuvering, and the same is true for lumbering negotiating teams.
Nimble opponents can overload the decision--making process and make
consensus building untenable. This is especially true when the agenda
hasn’t been rigidly set in advance. New issues can be brought to the table
until the team requiring consensus gives in to inherent time constraints.


Sometimes the opposition doesn’t bother to break the Consensus by
maneuver but simply calls off negotiations, due to what they see as time
wasting by their counterparts. To avoid the problems of the consensus style
and maximize its strengths, here are a few tips.
 Only adopt this style when the team is in a buying investing mode or
in a strong selling position where the product, service, or investment
opportunity is too attractive or in demand to warrant dismissal.
 Consensus tends to work best when team members are culturally
homogeneous and comfortable with subjugation to the group. It can be
used with less homogeneous teams but will require extensive briefing
and practice.
 Reticence at the negotiating table is sion must be saved
for internal sessions. Counterparts present their positions with the
Consensus team re1uesting only clarifications and reserving rebuttals
until later. Any “at table” talk must be couched in terms of “we” not
“I.”
 Socializing with counterparts needs to be kept to a minimum, as this
presents their greatest opportunity for a divide-and-conquer maneuver.
 The Chief Negotiator or team leader must remain as invisible as
possible, often allowing other team members to act as spokesperson.
Just as the team wishes to disperse authority and responsibility, so too
should the counterpart’s attention be diffused. Some teams even use
false or misleading business titles to distract the opposition from the
team’s true leadership.
 Internal dissention must be dealt with immediately. Unresolved issues
among team members will be very evident to skilled counterparts.
Team members who hold grudges or can’t separate emotions from
business will make poor consensus builders.
COWBOYS
The term “cowboys” generally denotes a highly individualistic
approach to business. Its use hardly seems compatible with a team effort.
However, cowboys were traditionally self- sufficient people who could
work on their own for extended periods while contributing to the group
goal: herding cattle for transport. In the case of international negotiations,
the goal is to “round up” the opposition and keep them moving in the
direction dictated by the “trail boss” (a.k.a. the Chief Negotiator). This
may seem a somewhat mawkish analogy, but it’s quite apt for certain types
of negotiations.


Often negotiations requiring extensive investments do not take place
with all members of both teams seated around a single large table.
Specialist sessions are scheduled, such as marketing, distribution, technical,
or manufacturing. Some team members may be taken to different locations
altogether to view branch offices or operation facilities. Decisions and
statements made during these extracurricular sessions may dictate the
success or failure of the entire negotiating mission. It’s no place for the
faint of heart. Team members who may flourish in Consensus would find
this type of isolation disconcerting. Cowboys revel in it.
Cowboys understand the limits of their authority and the extent of
their responsibility. Cowboy teams are composed of individuals who aren’t
merely specialists but staff who also exhibit generalist management talents.
(For example, the head of product development may be a Cowboy, but an
engineer is just an engineer.) They’re familiar with the company’s “big
picture” but can discuss it in “little picture” terms. Cowboy teams converge
for group strategy and disperse for individual tactical implementation.
Team members may utilize any of the individual styles delineated in
Chapter 10 when “in the field” as long as these are compatible with
company goals.
This is an extremely flexible and adaptive style that is very attractive
to up- and- coming negotiators. While it grants a great deal of freedom of
action to its practitioners, it also has some stringent provisos and
responsibi1ities. The following tips apply to both sides of the negotiating
table.
 Cowboy teams need strong leadership. Notonly must the Chief
Negotiator be able to provide a clear vision of the team’s goals, but he
or she must also be able to inspire loyalty and operate effectively
without directly supervising the team. Communication lines must be
wide open and the abi1ity to delegate on full- throttle. Micromanagers
can’t tolerate the Cowboy team style and laissez faire managers will
similarly fail, as they don’t have the requisite ability to bring cohesion
to a team that’s constantly converging and dispersing. If the CN can’t
handle the demands of this style, the talents of its individual members
will amount to naught.
 Team members must have excellent communication skills and have no
qualms about reporting in to the CN. At a minimum, daily contact is
required to assure group goals are being met and new information
circulated. Although every team member is working on a separate
section, it’s still a single puzzle.
 The team must be composed of staff who can “work without a net”
under adverse conditions. People who need occasional hand-holding


simply won’t succeed here. Cowboys turn in reports, not requests for
advice.
 The loyalty of individual members should never be in question. It’s
essential that they recognize the difference between self-interest and
operating independently.
 The team must be highly organized and well briefed. Because
individuals must operate alone for extended periods, they must be
armed to the teeth with information. Each team member should
prepare for the upcoming negotiations as if they were going solo.
 Agendas that disperse team members must be worked out prior to the
start of negotiations. Day one is no time to find out that a Consensus
team must suddenly operate as Cowboys.
NOTE: Contrary to what the name might imply, some of the best
Cowboys are women. Many female managers are familiar with
working toward group goals while beingisolated from the normal
company structure. Also, in some cultures, the opposition will
underestimate their talent simply because of their gender -- a
mistake that will work in your team’s favor.
PLATOON
Platoons operate in a similar fashion to Cowboy teams but with small
sub-teams that have independent team leaders answerable to a single CN.
These team leaders must fulfill all of the requirements of Cowboys but also
be able to organize and supervise a team of their own. Not all Cowboys
make good Platoon leaders, and all Platoon members are not Cowboys.
Platoon style is very useful when large numbers of technical
specialists must be brought along for negotiations. Team leaders maintain
control of the specialists and run applicable negotiating sessions or side
trips. This takes pressure off of the CN and allows him or her to
concentrate on wider goals. Team leaders control the work of their
subordinates, focusing on the Platoon’s independent goals. And while they
act as spokespersons fur their particular Platoon, they defer to the CN
during general discussions.
NOTE: Platoon style negotiating is a good proving ground for
future chief negotiators.
DIVIDE AND CONQUER
The easiest way to control negotiations is to control the counterparts’
position. Of course, they’ll be doing everything possible to prevent that
from happening. Turning members of the opposition against each other


goes a long way toward succeeding in this particular
negotiating can effectively utilize a divide- and-conquer style, either as the
overall strategy or as a simple tactic for specific agenda points. Though it
will be discussed here from a practitioner viewpoint, all negotiators must
be on the look-out for signs that it’s being used against them.
This style works by one of two methods and requires significant skills
of observation. Method one calls for the isolation of one or more members
of the other ream for the purpose of soliciting information-- either actual
data related to the negotiations or intelligence regarding dissention in a
counterpart’s ranks. Some practitioners even take this to the extreme of
offering remuneration for such information. Intelligence acquired by more
subtle means (that is, subterfuge) is often more useful, though it does
require a more substantial investment of time.
Once acquired, the information may he used to slyly undermine a
proposal or it may be boldly stated at a session and attributed directly to
the wayward counterpart (“Your Mr. Chan said last night at dinner that
your shipments have a four week lead time not three as you state here.
Which is it?”) This latter method does two things: it lets the opposition
know that you’re wise to their game but it also pinpoints the leak.
Targeting a key member of the opposing team greatly increases the impact
of this style, as junior staff members committing such an offense will
simply be sent packing. Neutralizing a second-in-command will create
general havoc in the opposition. This is a very serious move and should be
taken cautiously.
Of course, not attributing the inside information directly (“It has come
to our attention that ...”) alsohas benefits. It creates severe mistrust among
the opposition and forces their Chief Negotiator to act alone, since no one
on the team can now be trusted. A team effort has just very effectively
been turned into a solo act.
These divisive contacts are generally made under the guise of
socialization. Much can be learned during a golf game, cocktail reception,
or late team members are particularly susceptible, since
they may not discover they’ve been compromised until they return for
team sessions. It’s also during these dispersed sessions that Cowboys can
be approached with the proposal of switching sides altogether
(unscrupulous perhaps, but not uncommon).
Keep in mind that experienced teams of all styles will be expecting
some form of divisive move by counterparts. It’s a technique older than
Caesar. In some cases, practitioners are often set up for a fall with
information that’s more harmful than useful.


LESSON: If you head down a road you weren’t supposed to be on,
you’re hardly justified in complaining about the directions. Know
the opposition and “watch your back.”
The other method of this divisive style is the constant exploitation of
weak points and contradictions in a counterpart’s statements. Some teams
assign a member of their delegation the duty of taking notes and
transcribing them for use in postsession recaps. Laptop computers are
regularly put to use for this purpose, as word-for-word transcriptions allow
for easy searches and comparisons. By using a counterpart’s own words to
undermine their position (“But at this morning’s contract session your Ms.
Hernandez stated that, and I quote ...”), the burden remains squarely on
their shoulders. No subterfuge is involved, only attention to detail.
Convincing the other side that they are disorganized will greatly reduce
their resistance to granting concessions.
WARNING: Only the most experienced, cohesive teams can
avoid some form of contradiction or mistake in their proposals.
Once the Divide and Conquer style is detected, expect to become
the target of revenge.
JEKYLL AND HYDE
This style is also known as “good cop, bad Cop.”Part of the team
takes a very hard-line approach to the negotiations while another
contingent proposes to act on behalf of the opposition. Stern stylists work
hand in hand with indulgers to first browbeat the counterparts and then
promise to make everything all may seem quite a transparent
ploy to the reader when put in these terms, but it can be, and is, a
compelling style in the right situations.
Inexperienced teams are very susceptible to victimization by this style
and even more so when they’re not operating on their own turf. Being
confronted with an argumentative counterpart who is a skilled practitioner
of Stern or Intimidation tactics can be very disconcerting. Just when the
victim believes that negotiations will end in failure, the Indulgers intercede
with offers of a whole new (and decidedly more pleasant) proposal. The
discrepancy between the attitudes and positions of the opposition is written
off by the victim as the idiosyncratic behavior of a culture they don’t fully
understand. Most of the time, they even thank the indulgers for their
assistance in salvaging the negotiations. Ignorance is indeed bliss, and the
painful truth usually doesn’t become apparent for some time. It’s an
expensive education and one that most negotiators come by the hard way.


The other situation in which this style is effective is when third parties
are included in negotiations. Often this will take the form of a
governmental agency that has been invited by the host company as an
“observer.”As talks progress and the visitor’s position becomes apparent,
this supposedly neutral observer begins to place roadblocks in the way of
the deal. Laws and regulations are cited and governmental review prior to
contract signing is suggested. The visitor (soon to be victim) confronts the
host and demands to know why such problems were not known ahead of
time.
The host now offers to use his “connections” and back-channel lines
of communication to help remedy the situation. After days of delay, the
government has -- miraculously relented on some, but not all, of the
alleged problems. The remaining problems, all of which work to the
detriment of the visitor, are no longer subject to negotiation. They’re now
beyond the control of the host, who shrugs in feigned resignation. None of
this takes place until after the visitors have revealed the full extent of their
proposal, but the process was planned long before their arrival.
This type of bargaining usually takes place in countries where it’s
next to impossible to find the laws actually written when you
do find it codified and contradictory to the recent ruling, the government
observer will simply say it has since been updated. In other words, the laws
work only for the host country’s companies, not yours. Complaining is
pointless. Either sign the somewhat less attractive contract or go home.
HIERARCHICAL
Many teams choose to pass all decisions through the
chain-of- command for approval. This can occur when a strong CN has a
weak team and prefers to agree to all decisions, large and small, as a means
of maintaining control of the company position. It’s also quite common
when everyone on the team is inexperienced and the CN’s choice of style
reflects the normal company hierarchy.
While this is safe, it’s not necessarily cost effective. Having all
decisions stem from a single source can make for consistency, but it
defeats the purpose of fielding a team for negotiations. Whether host or
visitor, it’s still expensive to bring a team to the table and it’s best to make
use of them. The one advantage that hierarchical teams have is that they
can act as a training ground for novices. However, it should he noted that
hierarchies tend to preserve themselves and continue in their style even
when team members have been sufficiently “bloodied” by experience.


The hope that subordinates will act as filters during negotiations
quickly evaporates as observant counterparts detect that decision making is
centralized. They no longer wish to talk to anyone but the decision maker
and will not bother with sessions in which the central authority isn’t
present. Unlike Consensus (which efficiently disperses authority),
hierarchies focus the power, and consequently all the responsibility, on one
person. Ego- soothing perhaps, but just as in the case of the Divide and
Conquer scenario, a solo act ends up facing a team effort. Unless the Chief
Negotiator is very good and the opposition very weak, defeat in some form
is inevitable.
WARNING: Hierarchies share the Consensus style’s sluggish
vulnerability. If such a team must be put into the field, itshould be
kept compact. Under no circumstances should a hierarchical team
be dispersed.
HOR IZONTAL
Horizontal teams disperse authority and responsibility much in the
same way as Consensus teams, but without the benefit of the CN’s
oversight. Each small team, set up along the lines of the Platoon style,
negotiates its own single feature or features of the contract as a separate
entity. This style is used primarily by very large international corporations
that plan to farm out parts of a contract to various subsidiaries.
Its effectiveness lies in the ability of each small unit to cut the best
deal possible for its own purposes without having to consider the fallout
for other parts of the company. Coming face-to-face with this style can be
perplexing; in some ways, it’s meant to be. Counterparts suddenly find
themselves negotiating with several individual companies when they had
only planned on dealing with one entity.
Large Companies often save this approach for the second or third
round of talks, when the details of a general deal are being hammered out.
When planned and executed properly. Its outcome is very much a success
for the practitioners, but itrelics on understanding (if not accommodating)
their cohorts’ positions. This style forces the opposition to disperse
negotiating authority without preplanning. (“Sorry, you’ll need to discuss
that with or accounting division, we only handle transnational shipping.”)
Large companies can more readily succeed with this “dispersal” when
dealing with smaller firms, because it gives the impression that this is how
things operate in the “big leagues.” The small company, even when in a
buying position, is too embarrassed by its size to demand that all details be
negotiated at the same table.


LESSON: Pride cometh before a fall.
Unfortunately, some companies (both large and small) choose this
style unconsciously-- through disorganization and poor leadership.
Domestic and international companies alike have been plagued for decades
by sales departments that make promises and sign deals that their
operations department is unable to fulfill. Cutting a deal that can’t reach
fruition isn’t successful negotiating; it’s short-term thinking in a long-term
marketplace.
The horizontal style demands strong leadership for the individual
subsidiary discussions and a firm grasp of the interplay among those
affiliates. Creating intramural problems or causing dissention at
headquarters will have an adverse effect on overall effectiveness.
REMEMBER: The key to this style is to make counterparts
believe they’re dealing with separate entities. The reality of the
situation is just the opposite.
DEPARTMENTAL
This style is a more self- conscious version of the Hierarchical method
but with the dispersal result of Horizontal negotiating. The Departmental is
a very common form of corporate negotiating in Asia, and growth in that
region is testament to its effectiveness.
Visitors or hosts are faced with an opposing team that has maintained
its basic company structure, subdivisions, and central authority.
However,rather than negotiating as a single unit, counterparts send only
those staff members to each day’s sessions whose job description directly
relates to the items on the agenda. These specialty-based “departments”
can only negotiate within narrow ranges, but they force their counterparts
to reveal the entirety of their proposal for later dissection by another
department. Team leaders (and perhaps individual and departmental styles)
change on a daily basis, and the CN has the option of overseeing the
negotiations from a remote location. The opposition must negotiate with
several parts of the same company without ever getting to confront the real
decision maker. Also, they’re forced to adapt to new personnel repeatedly,
which prevents them from establishing a pattern to their
counterparts’strategy. Not only does this style wear down the opposition,
but it also continually drives them off course.
The Department style presupposes a tight control of agenda items and
clear lines of communication among the various departments and the CN.
Some departmental stylists, usually visiting sellers, simply direct their


members to make separate, very straightforward presentations and allow
the facts to speak for themselves. This idea of “laying all of your cards on
the table” (at least the ones you want the other side to see) can be a very
effective way of getting key issues decided early. It requires a team
composed mostly of Pragmatists.
WARNING: Counterparts being subjected to a Departmental style
should recognize that early negotiating sessions can become
primarily fact-finding missions for latter discussions. Lower-level
departmental negotiators are given a “shopping list” of details
needed for the planning of more important aspects of the deal.
The Importance of Stylistic Diversity
Negotiating situations and counterpart styles vary greatly, even within
the same country. Teams and individual negotiators must be able to draw
upon as many styles as possible if continued success is to be had in an ever
expanding international adept at only one style will
limit the team or solo act to a very small number of situations, and
attempting to use the same style under all conditions will result in a very
small success ratio.
Another reason to become proficient with as many styles or
combinations of styles as possible is that itallows negotiators to recognize
the more subtle hallmarks displayed by counterparts. Adeptness may come
through usage or observation. A negotiator or team may object to a
particular style for moral reasons, but they must become familiar with its
particulars nonetheless. Having a firm understanding of a counterpart’s
style and where it leads will allow for effective preplanning as well as
adjustment once discussions begin.
NOTE: Negotiations are like chess. Visualizing all possible moves
in advance leads to success.
Planning Contingencies
Nothing ever goes completely according to the original design and
waiting for problems to arise before considering solutions makes for poor
decision -thought-out contingency planning is the surest sign
that a negotiator or team has matured. Such planning must be viewed as a
form of intellectual insurance -- not mandatory but wise. The following
nine areas should be considered as potential troublespots during
negotiations.


 FINANCIAL Very often, discussions uncover financial problems that
weren’t evident during the planning phase. Information may have been
purposely withheld or not. Such revelations, if severe enough, can
bring negotiations to a halt, but more often they call for some fancy
footwork on behalf of all participants. Never enter a negotiation with
all of your financial options “tapped out.” They Should he open, wide
open. If either side is on a do-or-die contract signing mission, there’ll
be more dying than doing. Finances, and the participants’ attitudes
toward them, must be elastic.
 LEGAL As previously noted, many nations and localities have a legal
structure that is flexible or inflexible, in direct proportion to the size
and scope of the deal being considered. The legal ground in
developing economies can shift suddenly, dramatically, and without
advance notice. More intractable styles may need quick adjustment to
make the deal seem significantly more attractive to counterparts and
government officials. Visitors should never make the mistake of
throwing their mostly inconsiderable legal weight around.
NOTE: Never convince yourself that you have a complete grasp
of a foreign legal system until you’re in-country.
 POLITICALPolitical moves from right to left, globalist to
isolationist,or secular to fundamentalist can happen in the midst of
negotiations. Some discussions may be put on hold until the political
dust settles, as occurred during Russia’s 1997 elections. At other times,
long-standing contracts must be renegotiated, as happened to Enron in
India in 1996 when nationalist politicians won control over an area
undergoing a multimillion-dollar infrastructure project. Politics are
very fickle and always “local.” If the project is of any size, plan on
some sort of political interference,which may range in size from the
U.S. Department of the Treasury, to the People’s Committee of Da
Nang, to the mayor of Jima.
 MORAL In recent years, vast numbers of projects have been derailed,
severely altered, or had their contracts retracted due to the moral
influence of outside groups. Boycotts are threatened by “concerned
citizens” claiming moral authority over the project itself or its
participants. Negotiations in Myanmar, South Africa all feel the sting
of these interlopers, who rend to argue from a very limited perspective.
Companies with great deal of brand equity (i.e., Coke, Heineken,
ShellOil) must be especially attentive.
Even when no external forces are at play, participants may
uncover information about the project or counterparts that is of
questionable moral value. This is always a possibility where the


cultural backgrounds of the participants are vastly different.
Negotiators must use their own moral compass here and determine in
advance what can and can’t be tolerated. Similarly, teams must have a
moral point-of-no-return worked nut in advance. Pre-negotiation
cultural research will assist in setting these limits.
WARNING: Don’t wait until a bribe is offered (or demanded) to
determine whether or not the proposition will be accepted. All
business cultures have their own set of morals: know yours, know
theirs.
 STRATEGIC Conditions of all types surrounding negotiations can
change at a moment’s notice. Backup strategies must be ready for
deployment on a timely basis. Original strategies may have failed,
been outmaneuvered, or overtaken by outside events. Never, under any
circumstances, should the phrase “what do we (I) do now?”be uttered
by professional negotiators. Nimbleness isnot an option here; a
minimum of two backup plans should he waiting in the wings. Don’t
confuse these contingency plans with “last-ditch” efforts. Secondary
strategies must be considered with an eye toward success, not toward
limiting failure.
 TACTICAL A failed tactic does not call for a complete revamping of
the overall strategy. When attempting to win a specific point on the
agenda, it’s best to have many approaches planned, all based on
theconceivable reactions of counterparts. Furthermore, each point of
the agenda may have different tactical requirements. Some contract
details may be bullied through, while others will be won by guile and a
third set achieved with finesse. Skilled negotiators must be able to
glide from one tactic to the next without detracting from the main
strategy. It’s not easy, but contingency planning makes it look easy. In
fact, if done properly, it can’t be detected at all.
NOTE: The more tricks (and sometimes they’re just that
negotiators have up their sleeves the better. Commercial leger de
main requires much planning and practice.
 HEALTH When key members of a team are suddenly taken ill, it’s no
time to start the search for replacements. This contingency should be
planned in detail, especially for the visiting ream, which will have far
fewer sources from which to draw in an emergency. No single team
member, even the Chief Negotiator, can be permitted the luxury of
being inexpendable. Everyone must have some form of
“understudy”and the hoarding of information must be verboten.
Besides creating a form of insurance against health problems, it’s a
great way to train novice negotiators for future roles in the spotlight.


NOTE: Solo negotiators must go to extreme measures to maintain
their health No one has ever regretted being “too careful” with
their health during overseas travel.
 CLIMATIC Climate can have very telling effects on negotiations. It
can disrupt flight schedules, evacuate cities,cause power outages, snap
communications, and ruin health. Weather conditions can even have
adeleterious effectson the operation of high-tech equipment needed for
presentations or financial planning. And such difficulties can increase
as negotiations move farther from urban areas to regions where backup
systems are in shorter supply. The weather may not be controllable but
it is predictable and to a much greater degree every year. Even the
most seasoned team (pun intended) must plan for adverse weather
conditions -- and not just from a clothing or medication standpoint.
Presentations must be able to be delivered effectivelywith or without
technical gadgets, and backup communications should be readily
available.
NOTE: Visiting teams must recognize that arriving in- country
unprepared for the climate will mark their efforts as being
under-researched.
 PERSONAL Negotiators lead lives apart from business and often
those personal inter enc with pressing needs. Problems that demand a
negotiator’s immediate attention will arise at some of the most
inconvenient moments during discussions. As in the case with health
contingencies, the understudy system must he used by teams when
members are called away. Solo negotiators planning overseas travel
must make sure that all of their personal matters are in order before
embarking on important missions.
WARNING: Spouses, parents, children, and significant others
must be thoroughly conditioned to recognize a true emergency.
LEARNING TO AVOID OVERKILL
It’s always best to have detailed planning, copious information,
skilled professionals, and conducive conditions when readying for
negotiations. Fortune favors the prepared mind. However, preparation
doesn’t demand usage and negotiators are to be warned about overkill. On
many occasions, counterparts can turn out to be far more pliable than
originally thought. What it takes to overwhelm their defenses and counter
their maneuvers may be but a small portion of the strategic and tactical
array that was meticulously prepared. Don’t succumb to the urge to“go
over the top” with the remaining, unnecessary portions of your plan.


Beating an opponent at soccer by a score of two to one assures them
some dignity, without detracting from the victor’s revelry. Running up the
score to ten to one by taking advantage of a mismatch leaves the defeated
with less than nothing. Moving the analogy to negotiations, the concept of
leaving the opposition“enough”makes for a grudgeless long-term
relationship and, in the case of simple trades, opportunities for future
business. Trouncing counterparts, even when their behavior has been less
than cordial, will not bode well in the long run. Highly organized and
prepared negotiators must know when to turn off their bargaining
juggernaut and move on to the next set of negotiations.
LESSON: Don’t let your own style win out over the substance of
your position. Overkill wastes time, energy, and opportunity.
Detecting Changes in Your Counterpart’s Modus Operandi
Counterparts are under no obligation to be consistent with their style
throughout an entire set of discussions. Their changes may be proactive in
an attempt to confound the opposition, or the change may be reactions to
strategic and tactical failures. Here are some indicators that a counterpart is
preparing to make a stylistic change in their negotiation approach.
 Requests for additional breaks or longer breaks
 Requests for postponements
 The addition of new high- level participants, especially if they’re
visitors who have been flown in “to beef up” the opposition
 The outright replacement of high-level participants for “personal”
reasons
 The reduction of support staff (counterparts may be preparing to
cancel the talks)
 Increased requests for technical data presumed to be “common
knowledge”
 Requests for a location change
 Increases in the number of or length of social contacts
 Requests for side meetings or specialist sessions
 Prolonged use of a third language unfamiliar to translators
 Increased requests for clarifications of standard topics
 Increased interruptions that rc9uire “immediate attention”
Distinguishing “Yes” from “I Understand”


The goal of the negotiating process is to achieve agreement among
parties with opposing viewpoints. Reaching an understanding isn’t the
same as reaching an agreement. Sometimes the problem is linguistic, but
most often it’s stylistic. The smiling affability of the Social stylist doesn’t
always indicate agreement, any more than the grimaced detachment of the
Impassive practitioner denotes discord.
Negotiators around the world are often shocked to find themselves in
discussions that proceed rapidly, and cordially, to nowhere. Others have
waged hard-pitched and uphill battles that smelled of defeat only to find on
the last day that they’ve won every concession they needed. Many
professionals alleviate the suspense of waiting for the final contract signing
(or not) by introducing an incremental or provisional signed agreement
after each major point of the agenda is resolved. While this commits
neither side to the ultimate bond of a bargain, it does give a good
indication of the true direction of the negotiations.
No matter how experienced, negotiators can suffer from the basic
human frailty of misinterpretation of the facts. The word or words to the
effect of “yes” in many languages can mean “I understand,”“I agree,”“I
have no idea what you are talking about but am too embarrassed to ask for
an explanation,”“I hear you but have no intention of doing what you have
requested,” or “I’m paving absolutely no attention to what you’re saving.
Do go on.”
LESSON: Understanding is a mental process. Agreement is a
contract signing process. Get it in writing.

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